Ohio 2012 Medical Professional Liability Closed Claim Report. April 2014

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1 Ohio 2012 Medical Professional Liability Closed Claim Report April 2014

2 Ohio Medical Professional Liability Closed Claim Report I. Introduction Pursuant to Ohio Revised Code ( ORC ) and Ohio Administrative Code ( OAC ) , the Department of Insurance ( Department ) hereby submits its eighth annual report to the General Assembly summarizing the Ohio medical professional liability closed claim data received by the Department for calendar year This report also includes comparisons of calendar year 2012 data with the data from the prior seven calendar years. Copies of the prior annual reports are available on the Department s web site II. Overview ORC requires all entities that provide medical professional liability insurance to health care providers located in Ohio, including authorized insurers, surplus lines insurers, risk retention groups and self-insurers, to report data to the Department regarding medical professional liability claims that close during the year. In addition, each entity must report the costs of defending medical professional liability claims and paying judgments and/or settlements on behalf of health care providers and health care facilities. The Department is required to prepare an annual report to the General Assembly summarizing the closed claim data on a statewide basis. The data is summarized in this report in order to maintain the confidentiality of the specific data filed by each reporting entity. Copies of ORC and OAC are attached to this report as Appendices A and B. III. Data Collection A secured application on the Department s web site has been set up in order to capture the data elements required by OAC , Medical Liability Data Collection. Companies must submit data by May 1 for each medical, dental, optometric or chiropractic claim closed in the prior calendar year. IV. Description of Analysis For the purposes of this report, and based on general practice, when an insurer or other insuring entity opens a file and begins to investigate the circumstances of a demand for compensation due to the alleged malpractice of a health care provider or facility, a claim has occurred, whether or not a lawsuit is ever filed. When the file is closed for one of the many reasons detailed in this report, even when the claimant receives no payment, the claim is considered closed. Multiple closed claim records can be generated from one incident, since a closed claim record must be entered for each health care provider and/or facility from which a demand for compensation is sought. 1

3 Ohio Medical Professional Liability Closed Claim Report In this report, two primary pieces of data are analyzed: Paid Indemnity: The amount of compensation paid on behalf of each defendant to a claimant. Allocated Loss Adjustment Expense (): The expenses incurred by a reporting entity, other than paid indemnity, which relate to a specific claim, such as the costs of investigation and defense counsel fees and expenses. As a business practice, some of the reporting entities do not allocate loss adjustment expenses to a specific claim. This report organizes and summarizes the data to reflect the types of medical professional liability claims, the age and size of these claims, differences among regions of the state, differences among medical professionals, and several other categories. V. Limitations of Analysis The analysis is based entirely on historical closed claim data. That is, claims are reported to the Department and included in this analysis based on the year in which they reach a final outcome of any sort, including a trial verdict, settlement or the passing of the statute of limitations. Some arose from recent medical incidents, but many arose from incidents that occurred several years ago. This report is not intended to be used to evaluate past or current medical professional liability insurance rates. In addition, this data does not reflect plaintiffs attorney fees, which are not collected separately and cannot be identified from this data or from any data available to the Department. VI. Key Findings for 2012 Closed Claims Total Claims: For 2012, a total of 2,773 claims were reported by 98 entities. Authorized insurers 1 reported the majority of the claims, 1,542. Self-insured entities reported 1,020 claims; surplus lines insurers 2 reported 168 claims; and risk retention groups 3 reported 43 claims. 1 Authorized (admitted) insurers are licensed to write business in the state; are subject to the Department s rate, policy form and solvency regulation; and are backed by the Ohio Insurance Guaranty Fund. 2 Surplus lines insurers are not authorized and do not have guaranty fund backing, but are allowed to write policies for those doctors and hospitals that cannot obtain coverage from an authorized insurer. These companies must be on a list of eligible surplus lines insurers and are regulated for financial strength by their domiciliary state or country. 3 Risk retention groups are permitted by federal law to cover the liability insurance risk of the group s members. These groups are not backed by the guaranty fund. 2

4 Ohio Medical Professional Liability Closed Claim Report Indemnity Payments: A large majority of medical professional liability claims resulted in no payment to a claimant. Slightly over 79% of the claims, or 2,197, had no indemnity payments, while nearly 21% of the claims or 576, closed with an indemnity payment. The total amount paid to claimants was $177,323,025, an average of $307,852 per claim in which an indemnity payment was made. : While most claims closed with no payments to claimants, nearly all claims generated expenses for investigation and defense. The number of claims reported to have was 2,350. These expenses totaled $69,727,192, an average of $29,691 per claim. Indemnity Payments and Age of Claim: The amount paid to claimants typically increases with the age of the claim. Of the claims that closed with an indemnity payment, 167 closed within one year of being reported and had average paid indemnity of $135,864. That figure rose to $365,466 for 153 claims closing in their second year. Eleven claims closed seven or more years after being reported with an average indemnity payment of $584,402. and Age of Claim: Allocated loss adjustment expense increased with the age of the claim, starting with an average of $5,857 for claims that closed in the first year, and rising to $18,712 for claims that closed in the second year. For claims closing seven or more years after being reported the average was $114,867. Regional Comparisons: Nearly half of the claims, or 1,397, came from Northeast Ohio. Of these, 21% or 288 resulted in indemnity payments totaling $111,110,756. Sixty-three percent of the total dollar amount paid to claimants statewide in 2012 arose from Northeast Ohio claims. Northeast Ohio had the highest average paid indemnity of $385,801. The breakdown of average paid indemnity for the remainder of Ohio, in descending order, is: Northwest-$260,021; Southeast-$230,143; Central- $224,320; and Southwest-$219,744. Specialty Comparisons: When claims were broken down by medical specialty, Internal Medicine had the most claims at 131 with 6 resulting in paid indemnity averaging $156,667. For those specialties that are broken out, Cardiovascular Disease had the highest average paid indemnity of $708,505 for 3 claims with payments, out of 38 reported claims. Treatment Comparisons: Medical treatment, Non-Obstetrical, such as failure to treat, delay in treatment, or improper treatment produced the highest number of claims of 780 with 143 resulting in paid indemnity. Obstetrics-related claims totaled 117. Of these, 35 resulted in indemnity 3

5 Ohio Medical Professional Liability Closed Claim Report payments averaging $1,129,803, the highest average payment for any type of injury. VII. Detailed Findings and Comparison With Prior Years Claims by Outcome (Appendix C, Exhibits 1, 2 and 3) Reporting entities were asked to indicate the method of final disposition for each closed claim: Of the 2,773 claims that were closed in 2012, slightly more than 79% closed with no indemnity payment. Included in this figure are five categories: o 68.66% of the claims closed when the claim or suit was abandoned or was dismissed without prejudice; o 5.59% were dismissed by summary judgment or a directed verdict; o 3.71% ended with a verdict for the defendant; o 1.15% ended through a settlement; o.11% ended with alternative dispute resolution. The remaining 21% of the claims closed with an indemnity payment. Four categories of claims are included here: o 18.82% reached a settlement; o 1.26% used alternative dispute resolution; o.54% had a verdict for the plaintiff; o.14% 4 ended with a summary judgment or directed verdict for the plaintiff. Regardless of outcome, all categories of claims had expenses in the form of. That is, even though a claim may have closed without an indemnity payment, the claim was likely to generate investigation and legal expenses. Exhibit 2 provides the details. Claims/suits abandoned without an indemnity payment had average of $14,509. The 15 claims that were disposed of by verdict, with indemnity payment, had the highest average of $157,521. Exhibit 3 provides a comparison of the eight years of data collected. The percentage of claims that resulted in an indemnity payment has remained at approximately 20-25%. Age of Claim (Appendix C, Exhibit 4) This exhibit displays claims by age at the time of closing, and shows that typically average indemnity and average increased with the age of the claim. Claims that closed in their first year represent 31% of the total and had nearly the lowest average indemnity of $135,864, and of $5,857. Costs tended to grow significantly as the claims aged. The oldest category, claims that closed seven or 4 Some of these breakdowns may not add up to 100% due to rounding. See Appendix C, Exhibits 1 and 2 for actual figures. 4

6 Ohio Medical Professional Liability Closed Claim Report more years later, had average indemnity payments of $584,402 and average of $114,867. Claims by Size (Appendix C, Exhibit 5) Of the 2,773 claims reported closed in 2012, approximately 21% or 576, generated an indemnity payment. Of these 576 claims, 40 claims or 6.9% generated an indemnity payment greater than $1 million. These 40 claims generated indemnity payments of $82.6 million or 47% of the total indemnity payments for all claims. Another 65 claims, or 11.3%, generated an indemnity payment below $1 million but at least $500,000. These 65 claims generated indemnity payments of $45.6 million or 26% of the total indemnity payments for all claims. So for 2012, 72% of the total paid indemnity was generated by 18.2% of the claims that closed with an indemnity payment. In comparison, for 2011, 69% of the total paid indemnity was generated by 15.7% of the claims that closed with an indemnity payment. Claims by Insurer Type (Appendix C, Exhibit 6) A total of 98 entities reported closed claim information to the Department. The reporting entities are categorized as authorized (admitted) insurance companies, surplus lines insurance companies, risk retention groups and selfinsurers/captives. Of the 2,773 closed claims that were reported, 56% of the claims were reported by admitted insurance companies and 37% were reported by self-insurers/captives. Claims by Region (Appendix C, Exhibits 7, 8 & 9) Claims were reported by county. However, an exhibit showing details for each individual county would allow for identification of the specific claims in counties with very few claims, violating the requirement of confidentiality. In order to provide meaningful information regarding differences by location, the state is divided into five regions: Central, Northeast, Northwest, Southeast and Southwest. The counties within each region are shown in Exhibit 7, while Exhibit 8 displays claim data for the regions for calendar year 2012 closed claims. Nearly half of the closed claims reported for 2012 were from the Northeast region. Excluding those claims where a region was not indicated by the reporting entity, the claims from the Northeast region had the largest average indemnity payment and incurred the largest average. Conversely, the Southwest region had the smallest average indemnity payment and the Central region incurred the smallest average. Exhibit 9 displays the regional data for all eight years combined. 5

7 Ohio Medical Professional Liability Closed Claim Report Claims by Physician Specialty (Appendix C, Exhibits 10 & 11) Exhibit 10 displays ten physician and surgeon specialties. All other specialties are grouped together as Other to maintain confidentiality. An average of 11% of the claims resulted in an indemnity payment. Internal Medicine had the most closed claims in 2012 followed by Emergency Medicine. Of the physician specialties shown, Cardiovascular Disease had the highest average paid indemnity of $708,505. Exhibit 11 displays the physician & surgeons' data for all eight years combined for all specialties. Claims by Medical Provider Type (Appendix C, Exhibit 12) Exhibit 12 displays the 2012 closed claims experience for all the provider types. Forty-five percent of the 2,773 closed claims were reported for physicians and surgeons. The largest average paid indemnity was $378,296 for claims reported for hospitals. The largest average of $40,172 was for claims reported for nursing homes and assisted living facilities. While 11% of the claims reported for a physician or surgeon resulted in an indemnity payment, 36% of the claims reported for a hospital resulted in an indemnity payment. Claims by Type of Injury (Appendix C, Exhibits 13 & 14) The reporting entities identified the primary complaint or injury that led to the medical professional liability claim. Of the 2,773 claims reported as closed in 2012, 53% of the claims were split between two categories, Non-Obstetrical Medical Treatment and Diagnosis-Related. Non-Obstetrical Medical Treatment includes failure to treat, delay in treatment, and improper treatment. Diagnosis- Related includes failure to diagnosis, misdiagnosis, and delay in diagnosis. Obstetrics-Related claims, including improper delivery method, improper management of pregnancy, and delay in delivery, had the highest average paid indemnity of $1,129,803, and had the highest average of $76,079. This data includes all medical provider types, including hospitals. Exhibit 14 displays the data for all eight years combined for all injury descriptions. Birth Injury Claims (Appendix C, Exhibit 15) Reporting entities identified whether the closed claim was due to a birth injury. Of the 2,773 closed claims reported, 119 or 4.3% were identified as birth injury claims. Of these 119 birth injury claims, 28% resulted in an indemnity payment. The average indemnity payment of a birth injury claim was $1,293,295, over four times the overall average indemnity payment of $307,852. Of the 27,785 closed claims reported for calendar years 2005 through 2012, 1,197 or 4.3% were identified as birth injury claims. Of these 1,197 birth injury claims, 33% resulted in an indemnity payment. The average indemnity payment of the 6

8 Ohio Medical Professional Liability Closed Claim Report combined data for a birth injury claim was $972,599 which is more than three times the overall average indemnity payment of $283,265. Severity of Injury (Appendix C, Exhibit 16) Of the 2,773 claims reported as closed in 2012, 968 or 35% of the claims were due to death, with an average paid indemnity of $347,967. For claims with injuries identified as permanent grave, the average paid indemnity was $1,261,959, an amount more than four times the overall average indemnity payment. Permanent grave injuries include quadriplegia and brain damage, requiring lifelong dependent care. Of the 27,785 claims reported as closed for calendar years 2005 through 2012, 9,402 or 34% were due to death. For closed claims resulting in death, 19% closed with an indemnity payment which averaged $350,311. Closed claims for injuries identified as permanent grave totaled 557 for the eight years. For the closed claims that identified the injury as permanent grave, 28% closed with an indemnity payment which averaged $1,208,962. Age of Injured Person (Appendix C, Exhibits 17 & 18) Of the 2,773 claims reported as closed, 68.4% of the claims identified the injured party as an adult, age 18 to 64. Adults ages 65 or older represented 23.5% of the claims. Infants and minors together represented 7.8% the claims. The average indemnity payment for infants was the highest for the various age groupings at $1,004,287. Exhibit 18 displays the data for all eight years combined for these groupings. Gender of Injured Person (Appendix C, Exhibit 19) Of the 2,773 claims reported as closed, 55% of the claims reported the injured party as female and 45% of the claims reported the injured party as male. When the injured party was a female, the average indemnity payment was $288,330. When the injured party was a male, the average indemnity payment was $332,777. Of the 27,785 claims reported as closed for calendar years 2005 through 2012, 56% of the claims reported the injured party as female and 44% of the claims reported the injured party as male. When the injured party was a female, the average indemnity payment was $252,424. When the injured party was a male, the average indemnity payment was $325,720. For females, 23.3% of the claims resulted in an indemnity payment, while for males, 21.8% resulted in indemnity payment. 7

9 Ohio Medical Professional Liability Closed Claim Report Geographic Location of Injury (Appendix C, Exhibits 20 & 21) Reporting entities identified the geographic location where the primary injury or complaint occurred that led to the medical professional liability claim. As shown on Exhibit 20, the greatest number of claims for 2012 was generated by incidents that occurred in the operating suite, followed by incidents that occurred in the medical professional s office. These two locations represent 41% of the reported claims. The largest average indemnity payments and amounts were due to incidents that occurred in the Obstetrics Department. Exhibit 21 displays the data for all eight years combined. VII. Impact of Tort Reform (S.B. 281) Effective April 11, 2003, the 124 th General Assembly enacted Senate Bill 281 which included a comprehensive set of tort reforms aimed at reducing the costs of litigation and stabilizing the Ohio medical professional liability insurance market. The following table provides pre-sb 281 and post-sb 281 data for each year and in total. A few points should be considered when drawing conclusions from this data. First, as noted above, the typical average indemnity payment increases with the age of the claim. Second, few claims have reached a trial or jury verdict that required separate detail of economic and non-economic damages and the potential for capping. The Department is sensitive to issues of confidentiality; therefore it cannot release any specific information regarding these claims. Lastly, the Department is not capturing any data regarding risk management efforts that would possibly impact the number of, or cost of, medical professional liability claims as such data would be beyond the scope of the General Assembly s request in Senate Bill 281. Examples of such efforts would include, but not be limited to, better communications between providers and patients, patient safety and improved treatment protocols or procedures. Any analysis of trends in claims should include information on risk management efforts along with changes in the law. 8

10 Ohio Medical Professional Liability Closed Claim Report Closed Claim Year Total Total # of Claims 5,051 4,004 3,451 3,080 3,344 2,988 3,094 2,773 27,785 # Claims with injury pre- SB 281 3,864 1,939 1, ,062 Avg Indemnity pre-sb 281 claims $307,899 $342,091 $556,191 $422,498 $882,645 $527,336 $326,297 $886,731 $394,181 Median Indemnity pre-sb 281 claims $101,250 $100,000 $175,000 $153,000 $343,750 $172,000 $90,000 $71,500 Avg pre- SB 281 claims $28,266 $34,470 $67,898 $111,388 $88,602 $83,773 $72,062 $72,189 $44,359 # Claims with injury post- SB 281 1,187 2,065 2,393 2,622 3,019 2,821 2,929 2,687 19,723 Avg Indemnity post-sb 281 claims $171,299 $235,677 $213,065 $221,685 $271,897 $209,071 $289,039 $290,248 $243,529 Median Indemnity post-sb 281 claims $25,000 $45,000 $45,000 $50,383 $79,184 $50,088 $90,000 $85,000 Avg post-sb 281 claims $9,044 $15,768 $18,990 $28,738 $33,448 $25,739 $31,101 $28,192 $25,697 # Claims where verdict could have been subject to capping

11 Ohio Medical Professional Liability Closed Claim Report VIII. Conclusion This eighth annual report continues to provide insight into the details of Ohio medical professional liability claims. Trends continue to emerge as data for multiple years is gathered. With eight years of data the following conclusions can be drawn: Most of the claims closed without a payment to the plaintiff. For all eight years combined, approximately 77% of the claims closed without an indemnity payment. Almost all of the claims had costs in the form of. Higher value claims tended to be older. Conversely, smaller claims closed faster. Claims that went to trial were more likely to close with no indemnity payment, while those that settled or went through alternative dispute resolution were more likely to close with paid indemnity. 10

12 Appendix A Annual claims report by medical malpractice insurers - fine - confidentiality. (A) The superintendent of insurance, by rule adopted in accordance with Chapter 119. of the Revised Code, shall require each authorized insurer, surplus lines insurer, risk retention group, self-insurer, captive insurer, the medical liability underwriting association if created under section of the Revised Code, and any other entity that provides medical malpractice insurance to risks located in this state, to report information to the department of insurance at least annually regarding any medical, dental, optometric, or chiropractic claim asserted against a risk located in this state, if the claim resulted in any of the following results: (1) A final judgment in any amount; (2) A settlement in any amount; (3) A final disposition of the claim resulting in no indemnity payment on behalf of the insured. (B) The report required by division (A) of this section shall contain such information as the superintendent prescribes by rule adopted in accordance with Chapter 119. of the Revised Code, including, but not limited to, the following information: (1) The name, address, and specialty coverage of the insured; (2) The insured s policy number; (3) The date of the occurrence that created the claim; (4) The name and address of the injured person; (5) The date and amount of the judgment, if any, including a description of the portion of the judgment that represents economic loss, noneconomic loss and, if applicable, punitive damages; (6) In the case of a settlement, the date and amount of the settlement; (7) Any allocated loss adjustment expenses; (8) Any other information required by the superintendent pursuant to rules adopted in accordance with Chapter 119. of the Revised Code. (C) The superintendent may prescribe the format and the manner in which the information described in division (B) of this section is reported. The superintendent may, by rule adopted in accordance with Chapter 119. of the Revised Code, prescribe the frequency that the information described in division (B) of this section is reported. (D) The superintendent may designate one or more rating organizations licensed pursuant to section of the Revised Code or other agencies to assist the superintendent in gathering the information, and making compilations thereof, required by this section. Page 1 of 2

13 Appendix A (E) There shall be no liability on the part of, and no cause of action of any nature shall arise against, any person or entity reporting under this section or its agents or employees, or the department of insurance or its employees, for any action taken that is authorized under this section. (F) The superintendent may impose a fine not to exceed five hundred dollars against any person designated in division (A) of this section that fails to timely submit the report required under this section. Fines imposed under this section shall be paid into the state treasury to the credit of the department of insurance operating fund created under section of the Revised Code. (G) Except as specifically provided in division (H) of this section, the information required by this section shall be confidential and privileged and is not a public record as defined in section of the Revised Code. The information provided under this section is not subject to discovery or subpoena and shall not be made public by the superintendent or any other person. (H) The department of insurance shall prepare an annual report that summarizes the closed claims reported under this section. The annual report shall summarize the closed claim reports on a statewide basis, and also by specialty and geographic region. Individual claims data shall not be released in the annual report. Copies of the report shall be provided to the members of the general assembly. (I)(1) Except as specifically provided in division (I)(2) of this section, any information submitted to the department of insurance by an attorney, law firm, or legal professional association pursuant to rules promulgated by the Ohio supreme court shall be confidential and privileged and is not a public record as defined in section of the Revised Code. The information submitted is not subject to discovery or subpoena and shall not be made public by the department of insurance or any other person. (2) The department of insurance shall summarize the information submitted by attorneys, law firms, and legal professional associations and include the information in the annual report required by division (H) of this section. Individual claims data shall not be released in the annual report. (J) As used in this section, medical, dental, optometric, and chiropractic claims include those claims asserted against a risk located in this state that either: (1) Meet the definition of a medical claim, dental claim, optometric claim, or chiropractic claim under section of the Revised Code; (2) Have not been asserted in any civil action, but that otherwise meet the definition of a medical claim, dental claim, optometric claim, or chiropractic claim under section of the Revised Code. Effective Date: ; Page 2 of 2

14 Appendix B Medical liability data collection. (A) Purpose The purpose of this rule is to establish procedures and requirements for the reporting of specific medical, dental, optometric and chiropractic claims data to the Ohio Department of Insurance. (B) Authority This rule is promulgated pursuant to the authority vested in the superintendent under sections and of the Revised Code. (C) Definitions (1) Medical, dental, optometric and chiropractic claims include those claims asserted against a risk located in this state that either: (a) meet the definition of medical claim, dental claim, optometric claim, or chiropractic claim in section of the Revised Code, or (b) have not been asserted in any civil action, but that otherwise meet the definition of medical claim, dental claim, optometric claim, or chiropractic claim in section of the Revised Code. (2) Risk retention group has the same meaning as in section of the Revised Code. (3) Surplus lines insurer means an insurer that is not licensed to do business in this state, but is nonetheless approved by the department to offer insurance because coverage is not available through licensed insurers. (4) Self-insurer means any person or persons who set aside funds to cover liability for future medical, dental, optometric or chiropractic claims or that otherwise assume their own risk or potential loss for such claims. Self-insurer includes captives. (D) Each authorized insurer, surplus lines insurer, risk retention group, self-insurer, the medical liability underwriting association if created under section of the Revised Code, or any other entity that offers medical malpractice insurance to, or that otherwise assumes liability to pay medical, dental, optometric or chiropractic claims for, risks located in this state, shall report at least annually to the superintendent of insurance, or to the superintendent s designee, information regarding any medical, dental, optometric, or chiropractic claim asserted against a risk located in this state, if the claim resulted in: (1) A final judgment in any amount, (2) A settlement in any amount, or (3) A final disposition of the claim resulting in no indemnity payment on behalf of the covered person or persons. Page 1 of 3

15 Appendix B (E) The report required by division (D) shall include for each claim: (1) The name, address and specialty coverage of each covered person; (2) The insured s policy number, if applicable; (3) The date of the occurrence that created the claim; (4) The name and address of the injured person; (5) The date the claim was reported and the claim number; (6) The injured person s age and sex; (7) If the medical, dental, optometric, or chiropractic claim was filed with the court, the case number and the name and location of the court; (8) In the case of a judgment, the date and amount of the judgment and, if the judgment is subject to the itemization requirements in section (B) of the Revised Code, a description of the portion of the judgment that represents economic loss, non-economic loss and punitive damages, if any; (9) In the case of a settlement, the date and amount of the settlement and, if known, the injured person s incurred medical expense, wage loss, and other expenses; (10) Any loss adjustment expenses allocated to the claim or, if known, the amount allocated to each covered person; (11) The loss adjustment expense, broken down between fees and expenses, paid to defense counsel; (12) The date and reason for final disposition, if no judgment or settlement, and the type of disposition; (13) Unless disclosure is otherwise prohibited by state or federal law, a summary of the occurrence which created the claim which shall include: (a) The name of the institution, if any, and the location at which the injury occurred; (b) The operation, diagnosis, treatment, procedure or other medical event or incident giving rise to the alleged injury; (c) A description of the principal injury giving rise to the claim. (F) Frequency The report(s) required by this rule shall be filed with the superintendent, or the superintendent s designee, on or before May 1 of each year, and shall contain information for the previous calendar year. (G) Noncompliance Page 2 of 3

16 Appendix B Any person listed in division (D) that fails to timely submit the report required under this section shall be subject to a fine not to exceed $ (H) Confidentiality Information reported to the superintendent or the superintendent s designee pursuant to this rule shall be confidential and privileged and is not a public record as defined in section of the Revised Code. The information provided under this section is not subject to discovery or subpoena and shall not be made public by the superintendent or any other person, including any rating organizations or other agencies designated by the superintendent to gather and/or compile the information. (I) The requirements of this rule do not apply to reinsurers, reinsurance contracts, reinsurance agreements, or reinsurance claims transactions. HISTORY: Eff R.C review dates: 08/31/2009 and 08/30/2014 Promulgated Under: Statutory Authority: , Rule Amplifies: Page 3 of 3

17 OHIO Closed Claims in 2012 Outcome of Malpractice Claims 2773 Closed Claims Appendix C, Exhibit % Claim/Suit Abandoned Without Indemnity Payment, Including Dismissed Without Prejudice 5.59% Dismissed by Court - Summary Judgment/Directed Verdict -- Without Indemnity 3.71% Disposed of by Trial Verdict/Jury Verdict -- Without Indemnity 1.15% Disposed of by Settlement Agreement -- Without Indemnity 0.14% 0.54% 1.26% 68.66% 0.11% Disposed of by Alternative Dispute Resolution -- Without Indemnity 18.82% Disposed of by Settlement Agreement -- With Indemnity 18.82% 3.71% 5.59% 1.26% Disposed of by Alternative Dispute Resolution -- With Indemnity 1.15% 20.77% - Claims With Indemnity Payment 0.11% 79.23% - Claims Without Indemnity Payment 0.54% Disposed of by Trial Verdict/Jury Verdict -- With Indemnity 0.14% Dismissed by Court - Summary Judgment/Directed Verdict -- With Indemnity

18 FINAL DISPOSITION DESCRIPTION OHIO 2012 Closed Claims and Indemnity Payments by Final Disposition Description AVG With With Appendix C, Exhibit 2 Claim/Suit Abandoned Without Indemnity Payment, Including Dismissed Without Prejudice -- Without Indemnity Dismissed by Court -Summary Judgment/Directed Verdict -- Without Indemnity % 1647 $23,895,627 $14,509 0 $0 $ % 138 $4,269,003 $30,935 0 $0 $0 Disposed of by Trial Verdict/Jury Verdict -- Without Indemnity % 102 $11,601,869 $113,744 0 $0 $0 Disposed of by Settlement Agreement -- Without Indemnity % 30 $683,652 $22,788 0 $0 $0 Disposed of by Alternative Dispute Resolution -- Without Indemnity 3 0.1% 2 $43,050 $21,525 0 $0 $0 Page 1 of

19 FINAL DISPOSITION DESCRIPTION AVG With With Disposed of by Settlement Agreement -- With Indemnity % 380 $24,151,204 $63, $153,364,349 $293,801 Disposed of by Alternative Dispute Resolution -- With Indemnity % 33 $2,352,841 $71, $16,438,422 $469,669 Disposed of by Trial Verdict/Jury Verdict -- With Indemnity % 14 $2,205,295 $157, $6,072,368 $404,825 Dismissed by Court -Summary Judgment/Directed Verdict -- With Indemnity 4 0.1% 4 $524,651 $131,163 4 $1,447,885 $361,971 S and S: % 2350 $69,727,192 $29, $177,323,025 $307,852 Page 2 of 2

20 OHIO Closed Claims for and Indemnity Payments Appendix C, Exhibit 3 CLOSED CLAIM YEAR NUMBER OF PERCENTAGE OF WITH PERCENTAGE OF WITHOUT AMOUNT AMOUNT AMOUNT AMOUNT , % 79.3% $281,764,938 $269,374 $113,194,565 $24, , % 80.2% $228,735,572 $288,080 $88,131,139 $25, , % 78.4% $235,463,393 $315,635 $103,033,668 $35, , % 73.6% $205,553,255 $252,522 $112,678,455 $42, , % 76.0% $258,370,436 $322,158 $107,739,769 $39, , % 74.7% $175,134,565 $231,353 $69,969,486 $29, , % 75.7% $218,260,316 $290,626 $84,010,903 $33, , % 79.2% $177,323,025 $307,852 $69,727,192 $29,671 S and S: 27, % 77.4% $1,780,605,500 $283,265 $748,485,177 $31,726

21 OHIO 2012 Closed Claims and Indemnity Payments by Age of Claim Appendix C, Exhibit 4 AGE IN YEARS With With Less Than $3,461,296 $5, $22,689,360 $135,864 1 But Less Than $15,399,987 $18, $55,916,284 $365,466 2 But Less Than $18,006,241 $35, $49,562,805 $402,950 3 But Less Than $13,399,121 $60, $24,764,930 $364,190 4 But Less Than $8,139,727 $87, $7,881,238 $414,802 5 But Less Than $3,552,966 $80, $6,912,674 $288,028 6 But Less Than $3,977,250 $128, $3,167,308 $287,937 7 or Greater $3,790,604 $114, $6,428,425 $584,402 S and S: $69,727,192 $29, $177,323,025 $307,852

22 Portion of Total OHIO 2012 Closed Claims By Size of Payment Appendix C, Exhibit 5 100% 40 90% 65 80% 70% 70 $82.6 $1M or Greater 60% 105 $500K - <$1M 50% 40% $45.6 $250K - <$500K 30% 20% 296 $24.6 $100K - <$250K 10% $16.1 Under $100K 0% Number of Paid Claims by Range $8.4 Total Paid($ million) by Range

23 OHIO 2012 Closed Claims and Indemnity Payments by Insurer Type Appendix C, Exhibit 6 INSURING ENTITY TYPE With With Insurance Company - Authorized/Admitted Insurance Company - Surplus Lines $40,016,509 $28, $47,780,440 $238, $3,431,192 $25, $7,676,042 $147,616 Risk Retention Group $998,115 $24, $3,163,904 $158,195 Self Insurers (Captives) $25,281,376 $32, $118,702,638 $390,469 S and S: $69,727,192 $29, $177,323,025 $307,852

24 Closed Claims 2012 Regions Appendix C, Exhibit 7 The counties displayed on the map include the following: Central: Delaware, Fairfield, Franklin, Licking, Madison, Pickaway, Union Northeast: Ashtabula, Columbiana, Cuyahoga, Erie, Geauga, Lake, Lorain, Mahoning, Medina, Portage, Stark, Summit, Trumbull, Wayne Northwest: Allen, Ashland, Auglaize, Crawford, Defiance, Fulton, Hancock, Hardin, Henry, Huron, Knox, Logan, Lucas, Marion, Mercer, Morrow, Ottawa, Paulding, Putnam, Richland, Sandusky, Seneca, Shelby, Van Wert, Williams, Wood, Wyandot Southeast: Adams, Athens, Belmont, Carroll, Coshocton, Gallia, Guernsey, Harrison, Hocking, Holmes, Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton, Washington Southwest: Brown, Butler, Champaign, Clark, Clermont, Clinton, Darke, Fayette, Greene, Hamilton, Highland, Miami, Montgomery, Preble, Warren

25 Appendix C, Exhibit 8 OHIO 2012 Closed Claims and Indemnity Payment by Region and County REGION COUNTY With with Central Franklin $5,655,043 $22, $14,602,928 $231,793 Central - Remainder $740,297 $20,008 9 $1,548,084 $172,009 Totals and Averages: $6,395,340 $22, $16,151, $224,320 Northeast Cuyahoga $14,540,062 $30, $75,859,399 $509,123 Summit $7,738,972 $33, $14,158,314 $314,629 Stark $1,463,413 $19, $2,955,138 $164,174 Mahoning $2,360,909 $26, $2,650,961 $176,731 Lorain $2,167,047 $25, $4,958,700 $354,193 Northeast - Remainder $5,952,361 $30, $10,528,244 $224,005 Totals and Averages: $34,222,763 $29, $111,110, $385,801 Page 1 of 2

26 REGION COUNTY With with Northwest Lucas $4,085,965 $25, $9,524,668 $352,765 Northwest - Remainder $4,640,819 $32, $6,336,608 $186,371 Totals and Averages: $8,726,785 $28, $15,861, $260,021 Southeast Southeast $4,256,931 $34, $7,824,875 $230,143 Totals and Averages: $4,256,931 $34, $7,824, $230,143 Southwest Hamilton $5,843,907 $30, $9,031,033 $196,327 Montgomery $5,470,578 $33, $8,552,130 $231,139 Butler $1,333,386 $43, $730,667 $66,424 Southwest - Remainder $2,879,060 $34, $7,396,276 $321,577 Totals and Averages: $15,526,931 $33, $25,710, $219,744 Unknown Unknown $598,443 $49,870 4 $665,000 $166,250 Totals and Averages: $598,443 $49,870 4 $665, $166,250 GRAND S and S: $69,727,192 $29, $177,323,025 $307,852 Page 2 of 2

27 OHIO Closed Claims and Indemnity Payment by Region Appendix C, Exhibit 9 Region Total Number of Claims Percentage of Claims With Indemnity Percentage of Claims Without Indemnity Average Indemnity Amount Average Amount Central 3, % 79.1% $289,828 $23,247 Northeast 13, % 77.3% $298,450 $30,229 Northwest 4, % 79.2% $267,056 $31,857 Southeast 1, % 76.5% $238,035 $29,801 Southwest 5, % 75.2% $268,737 $41,746

28 OHIO 2012 Closed Claims and Indemnity Payments by Physician Specialty Appendix C, Exhibit 10 PHYSICIAN SPECIALTY With With Internal Medicine $3,131,002 $27,226 6 $940,000 $156,667 Emergency Medicine $2,102,616 $19, $5,735,000 $286,750 Family Physicians\General Practitioners $3,422,051 $33, $7,448,720 $372,436 Surgery - Orthopedic $2,257,902 $27, $5,547,250 $369,817 Obstetrics/Gynecology $3,456,179 $41, $6,854,356 $456,957 Surgery - General $3,481,425 $46,419 8 $2,027,500 $253,438 Radiology $2,203,287 $34,973 9 $2,726,556 $302,951 Anesthesiology $1,032,880 $19,488 6 $1,822,500 $303,750 Neurology $1,586,371 $41,747 3 $1,300,829 $433,610 Cardiovascular Disease $1,544,959 $44,142 3 $2,125,515 $708,505 Other $8,658,908 $26, $9,777,910 $296,300 S and S: $32,877,580 $30, $46,306,135 $335,552

29 OHIO Closed Claims and Indemnity Payments by Physician Specialty Appendix C, Exhibit 11 Specialty Total Number of Claims Percentage of Claims With Indemnity Percentage of Claims Without Indemnity Average Indemnity Amount Average Amount All P & S Specialties 12, % 85.9% $330, $30, Internal Medicine 1, % 89.3% $242, $31, Family Physicians\General Practioners 1, % 80.4% $296, $33, Surgery - General 1, % 86.0% $311, $35, Emergency Medicine 1, % 87.4% $291, $26, Obstetrics/Gynecology 1, % 77.2% $432, $58, Surgery - Orthopedic % 86.7% $269, $21, Radiology % 88.1% $302, $24, Anesthesiology % 85.1% $514, $22, Cardiovascular Disease % 89.3% $348, $26, Page 1 of 5

30 Specialty Total Number of Claims Percentage of Claims With Indemnity Percentage of Claims Without Indemnity Average Indemnity Amount Average Amount Neurology % 90.2% $549, $34, Gastroenterology % 90.2% $434, $23, Pediatrics % 85.6% $446, $29, Surgery - Plastic % 87.0% $132, $21, Surgery - Cardiac % 93.6% $357, $29, Pulmonary % 92.6% $318, $22, Ophthalmology % 78.3% $180, $19, Urology % 85.9% $416, $18, Surgery - Thoracic % 92.2% $314, $27, Surgery - Vascular % 89.1% $135, $30, Otorhinolaryngology % 73.6% $219, $29, Psychiatry % 82.3% $199, $30, Hospitalists % 92.8% $621, $11, Page 2 of 5

31 Specialty Total Number of Claims Percentage of Claims With Indemnity Percentage of Claims Without Indemnity Average Indemnity Amount Average Amount Pathology % 78.4% $668, $24, Surgery - Head % 93.0% $355, $25, Nephrology % 93.8% $318, $22, Gynecology % 77.9% $334, $34, Hematology % 88.6% $501, $36, Dermatology % 82.7% $63, $15, Surgery - Urological % 83.3% $203, $17, Physical Medicine & Rehabilitation % 89.2% $527, $26, Infectious Diseases % 91.9% $510, $16, Other % 83.9% $155, $17, Unknown % 78.0% $90, $22, Pain Management % 84.0% $166, $14, Oncology % 87.0% $637, $26, Page 3 of 5

32 Specialty Total Number of Claims Percentage of Claims With Indemnity Percentage of Claims Without Indemnity Average Indemnity Amount Average Amount Endocrinology % 90.2% $230, $18, Surgery - Colon & Rectal % 97.4% $50, $25, Rheumatology % 80.0% $487, $25, Surgery - Traumatic % 88.6% $459, $22, Physicians NOC % 91.2% $385, $17, Geriatrics % 88.5% $42, $18, Intensive Care Medicine % 92.3% $387, $12, Physicians Assistants % 85.0% $283, $4, Neonatal/Perinatal Medicine % 75.0% $423, $57, General Preventive Medicine % 89.5% $200, $35, Surgery - Pediatric % 83.3% $866, $12, Surgery - Hand % 100.0% $0.00 $13, Radiology Therapeutic % 80.0% $475, $17, Page 4 of 5

33 Specialty Total Number of Claims Percentage of Claims With Indemnity Percentage of Claims Without Indemnity Average Indemnity Amount Average Amount Family Physicians\General Practioners with Delivery % 78.6% $271, $55, Surgery - Abdominal % 76.9% $95, $22, Page 5 of 5

34 Appendix C, Exhibit 12 OHIO 2012 Closed Claims and Indemnity Payments by Medical Provider Type PROVIDER TYPE With With Physicians/Surgeons $32,877,580 $30, $46,306,135 $335,552 Hospitals $21,681,026 $37, $100,248,532 $378,296 Corporation $9,716,598 $21, $17,675,551 $263,814 Other Medical Professionals $2,640,088 $16, $4,185,695 $87,202 Nursing Home/Assisted Living $2,129,133 $40, $6,676,712 $166,918 Other Facilities $434,730 $22,881 5 $1,203,260 $240,652 Clinic $247,989 $15,499 9 $1,019,284 $113,254 Pharmacy 4 1 $47 $47 4 $7,854 $1,964 S and S: $69,727,192 $29, $177,323,025 $307,852

35 OHIO 2012 Closed Claims and Indemnity Payments by Injury Appendix C, Exhibit 13 INJURY DESCRIPTION With With Medical Treatment, Non-Obstetrical (Failure to Treat, Delay in Treatment, Improper Treatment, etc.) $17,410,549 $26, $37,052,047 $259,105 Diagnosis-Related (Failure To Diagnose, Misdiagnosis, Delay In Diagnosis, etc.) $19,793,742 $32, $36,650,501 $336,243 Surgery-Related (Delay in Surgery, Improper Performance of Surgery, etc.) $12,141,264 $26, $25,765,847 $289,504 Safety & Security-Related (Falls, Failure To Ensure Safety, Failure to Protect From Assault) $2,740,571 $21, $8,124,314 $114,427 Page 1 of 3

36 INJURY DESCRIPTION With With Blood-Related (Wrong Blood Type, Contaminated Blood, etc.)/medication-related (Failure to Order, Wrong Medication, Wrong Dosage, etc.) Obstetrics-Related (Improper Delivery Method, Improper Management of Pregnancy, Delay in Delivery, etc.) $3,465,066 $27, $11,407,123 $300, $8,140,483 $76, $39,543,097 $1,129,803 Anesthesia-Related (Improper Choice, Improper Administration, etc.) $1,647,881 $19, $3,785,772 $199,251 Other (No Listed Category Applies) $749,363 $10, $1,418,640 $88,665 Patient Monitoring-Related (Failure to Monitor, etc.) $2,282,370 $36, $9,825,362 $338,806 Page 2 of 3

37 INJURY DESCRIPTION With With Equipment-Related (Improper Use of Equipment, Improper Maintenance, Equipment Failure/Malfunction, etc.) $468,940 $21, $739,920 $56,917 Breach of Confidentiality/Communication- Related (Failure To Instruct, Failure to Obtain Consent, etc.) $381,152 $17,325 8 $327,501 $40,938 Policies & Procedures-Related (Failure To Follow, Negligent Credentialing, etc.)/supervision- Related (Supervision of Residents, Nurses, etc.) $505,813 $42,151 6 $2,682,900 $447,150 S and S: $69,727,192 $29, $177,323,025 $307,852 Page 3 of 3

38 OHIO Closed Claims and Indemnity Payments by Injury Type Appendix C, Exhibit 14 Injury Description Total Number of Claims Percentage of Claims With Indemnity Percentage of Claims Without Indemnity Average Indemnity Amount Average Amount All Injury Types % 77.4% $283,265 $31,726 Anesthesia Related % 78.9% $469,534 $33,799 Blood Related % 67.3% $304,222 $37,609 Breach of Confidentiality\Communication % 70.8% $126,772 $34,219 Diagnosis-Related % 82.5% $354,417 $35,736 Equipment Related % 54.4% $101,166 $18,522 Medical Treatment \Non-Obstetrical % 81.6% $213,180 $23,934 Obstetrics Related % 68.3% $874,166 $96,813 Other % 79.5% $133,455 $16,670 Patient Monitoring Related % 60.9% $340,382 $35,212 Policies & Procedures Related % 59.9% $131,568 $33,340 Safety & Security Related % 45.0% $88,489 $22,365 Surgery Related % 81.9% $255,046 $25,156 Page 1 of 1

39 OHIO 2012 Closed Claims and Indemnity Payments by Birth Injury Appendix C, Exhibit 15 BIRTH INJURY With With No $61,042,766 $27, $134,644,292 $247,964 Yes $8,684,426 $77, $42,678,733 $1,293,295 S and S: $69,727,192 $29, $177,323,025 $307,852

40 OHIO 2012 Closed Claims and Indemnity Payments by Severity Appendix C, Exhibit 16 SEVERITY DESCRIPTION With With Death $31,855,749 $35, $56,022,701 $347,967 Emotional $906,789 $21, $660,484 $66,048 Permanent Grave $1,639,147 $60, $18,929,386 $1,261,959 Permanent Major $11,725,169 $57, $60,711,255 $1,011,854 Permanent Minor $4,916,963 $27, $4,321,150 $83,099 Permanent Significant $7,612,522 $36, $22,454,930 $534,641 Temporary Low Significance $849,480 $12, $1,798,527 $40,876 Temporary Major $4,512,441 $14, $7,803,385 $102,676 Temporary Minor $5,708,931 $13, $4,621,207 $39,838 S and S: $69,727,192 $29, $177,323,025 $307,852

41 OHIO 2012 Closed Claims and Indemnity Payments by Age Appendix C, Exhibit 17 AGE RANGE With With Adult (Ages 18-64) $43,284,489 $27, $92,173,281 $276,797 Senior (Age 65+) $14,826,366 $26, $31,614,223 $190,447 Infant ( Less than 1 year old) $8,580,674 $82, $41,175,748 $1,004,287 Minor (Ages 1 to 17) $2,899,459 $37, $11,609,772 $331,708 Unknown 9 9 $136,205 $15,134 1 $750,000 $750,000 S and S: $69,727,192 $29, $177,323,025 $307,852

42 OHIO Closed Claims and Indemnity Payments by Age Appendix C, Exhibit 18 Age Total Number of Claims Percentage of Claims With Indemnity Percentage of Claims Without Indemnity Average Indemnity Amount Average Amount Adult , % 80.6% $254,650 $28,117 Senior , % 71.8% $150,860 $24,676 Infant 1, % 66.0% $896,625 $102,951 Minor , % 69.9% $382,350 $36,771

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